It’s normal to feel overwhelmed if your child gets hurt in an accident. While you need to focus on your child’s health and recovery, you also need to address concerns surrounding medical bills, long-term care, and legal rights. Unlike adults, minors in New York cannot file lawsuits or sign settlement agreements on their own. The law offers them special protections, which makes these cases different from standard personal injury claims.
When it comes to personal injury law for minors in NY, it helps to know who can file a claim, how long you have to take action, what happens upon reaching a settlement, and when you should file a lawsuit. You should also discuss your case with a New York personal injury attorney for minors at the earliest.
Why Injury Cases Involving Children Are Different
When adults suffer injuries, be it in a slip and fall accident, a car accident, or a workplace accident, they hold the right to make decisions about filing claims and lawsuits themselves. However, the law does not give a child this legal ability, which means minors cannot sue or settle cases on their own. Instead, parents or legal guardians must step in to represent them. In addition, a judge must approve any settlement to make sure it is fair and protects the child’s future.
This extra oversight exists because children can’t fully understand the consequences of a legal decision, and courts don’t want them to lose out on the compensation they may need later in life.
Common Personal Injury Cases Involving Minors
As much as some parents might like, kids don’t live in bubbles, and unfortunately, their natural curiosity can occasionally put them at risk. Here are a few common situations that can lead to children suffering injuries of different kinds.
- Road accidents. Children might suffer injuries as passengers and pedestrians, and if they are involved in bicycle accidents.
- School and daycare incidents. Falls, playground injuries, or inadequate supervision can lead to injuries.
- Sports and recreational injuries. Organized sports, swimming pools, and playground equipment can be sources of accidents.
- Medical malpractice. Instances of birth injuries, misdiagnoses, and surgical errors are not uncommon.
- Defective products. Toys, strollers, and car seats with design flaws may result in severe injuries.
- Dog bites. Children are frequent victims of dog bites because they may not fully comprehend warning signs from animals.
Who Can File Insurance Claims for Injured Minors in NY?
Generally, one or both parents may file a claim on behalf of their child. A legal guardian holds this right, too. If parents/guardians are unavailable or there’s a conflict of interest, a court can appoint a guardian ad litem. This neutral person steps in solely to represent a child’s interests in a lawsuit.
For example, if a child is injured in a car accident where one parent was driving, the other parent might not be able to represent the child in court because of a potential conflict. In such a scenario, the court would appoint a guardian ad litem.
Proving Fault in Cases Involving Minors
Much like personal injury claims that involve adults, you need to prove negligence on the defendant’s part. This requires establishing:
- The defendant owed the child a duty of care.
- That defendant breached the duty.
- The breach directly resulted in the child’s injury.
- The injury led to damages like medical bills, pain, disability, and emotional distress.
Keep in mind that New York courts tend to look more critically at defendants in cases involving children. For instance, they expect property owners to take greater precautions if children are likely to be present (think unfenced swimming pools and playground hazards).
How Comparative Negligence Works
While New York relies on the comparative negligence rule, courts consider a child’s age and maturity before arriving at a decision. For instance, a court is unlikely to hold toddlers responsible for their actions, but it might hold teenagers partially accountable. If a court finds a child to be partly at fault, the compensation may reduce based on the responsibility shared.
How Long Do You Have to File a Claim or Lawsuit?
The statute of limitations for child injury cases in New York is not the same as that which applies to adults. This is because the law recognizes that children often cannot or do not act immediately, and may not understand their rights, which is why it provides special rules that pause, toll, or extend the deadlines in certain cases.
For most personal injury cases in New York, the statute of limitations for adults stands at three years from the date of the accident. When it comes to children, tolling takes effect, owing to which the statute of limitations starts only when they turn 18 years of age. This means they have until their 21st birthday to file a lawsuit.
Exceptions to the Statute of Limitations
There are a few exceptions surrounding the statute of limitations, so it’s best to get a New York child accident lawyer to confirm just how much time you have based on the specifics of your case. For example, children who are victims of medical malpractice may file lawsuits within 10 years of the malpractice date or from the end of continuous treatment, or two years and six months after turning 18, whichever is sooner.
When filing a lawsuit against a government entity, a parent or guardian typically needs to start by filing a Notice of Claim within 90 days of the incident. While a minor may then choose to file a lawsuit after turning 18, adhering to the original notice deadline is crucial.
The Child Injury Settlement Process
When adults settle personal injury cases, they sign an agreement, accept the funds, and that’s that. However, the child injury settlement process in New York works differently and requires an infant compromise order. This is how it works.
- A judge reviews the proposed settlement.
- The judge confirms the amount is reasonable, given the child’s injuries and future needs.
- The court approves or adjusts the attorney’s fees and ensures the proper addressal of existing and future medical expenses.
Remember that insurance companies often try to minimize payouts, and court oversight provides an important safeguard to prevent unfair settlements.
Where Does the Money Go?
A court approval is necessary before finalizing any settlement involving a minor. The settlement money typically does not go directly to the parents, but they may access part of the funds for ongoing medical costs by getting permission from the court. It is common to place the compensation amount in a restricted bank account that the child may access after turning 18. On the other hand, a structured settlement pays out at specific intervals, ensuring more responsible management of funds.
What Does the Parent/Guardian Get?
If your child has suffered injury in an accident, it falls upon you to gather evidence, work with a lawyer, and help your child cope through the process. However, you must understand that the money from the claim belongs to your child, and not you. While you may recover certain expenses like the medical bills you paid, remember that the bulk of the settlement is locked away for your child’s benefit.
What Compensation Can Cover
The compensation you stand to receive from a child injury lawsuit in New York typically covers more than hospital bills. You may also expect to receive compensation for damages like:
- Past and future medical expenses.
- Rehabilitation, therapy, and assistive care.
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Permanent disability or scarring.
- Future loss of earning potential.
Given that children have their whole lives ahead of them, even seemingly minor injuries can come with significant long-term costs. What helps is that a child accident lawyer can collaborate with medical, mental health, and economic experts to ensure covering all bases. For example, expert witnesses like doctors, psychologists, and child development specialists may testify about the full impact of an injury on a child’s future.
The Role of an Experienced Child Accident Lawyer
Cases involving minors can be emotionally draining, and they’re procedurally complex, too. An experienced New York personal injury attorney for minors can:
- File your claim correctly and on time.
- Guide you through court approval requirements.
- Negotiate with insurance companies.
- Account for all potential future costs related to your child’s injury.
- File a lawsuit, if required.
Conclusion
New York law recognizes that a child’s injury can change the entire trajectory of a family’s life, which is why it provides extra protections to safeguard children during the legal process. If you’re young one has suffered injury in an accident, the best step you can take is to speak with a child accident lawyer who understands the emotional weight and legal complexities of such cases. The sooner you get the right guidance, the better you can focus on what matters most, which is your child’s recovery.